Matthews Folbigg Lawyers

15/09/2026

On Friday 4 September 2026, some very eager cyclists from our Matthews Folbigg Team took part in the ‘Big Spin’ event. The Team took it in turns riding a spin bike for 12 hours straight to raise money to support families with seriously ill children staying at Ronald McDonald House.

The event was a great success with the Team raising an incredible $14,106.

A huge thank you to all the generous donors for their support and for the Matthews Folbigg Team for their big effort and quite possibly some sore legs on Monday!!

10/09/2026

On Wednesday 2 September 2026, two of our Matthews Folbigg Principals, Jeffrey Brown and Hayley Hitch, had the pleasure of attending the ‘Hawkesbury Chamber Business After 5’ event.

The event was held at the Richmond Regent theatre for the launch of the Chamber's Community Wealth Building platform. The event highlighted the importance of bringing small and large businesses within the Hawkesbury region together.
A big thank you to everyone involved for making the evening special and to the Hawksbury Chamber of Commerce for organising and hosting the event!

06/08/2026

Pursuant to s 57 of the Federal Court of Australia Act 1976 (Cth), the Federal Court of Australia has the power to appoint a receiver on terms and conditions it thinks fit where it is just or convenient to do so.

However, this power is generally exercised cautiously and as a ‘last resort’ in circumstances where a more cost-effective means of enforcement is not otherwise available or practicable.

The case of Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 5) [2024] FCA 37 offers some insight into the basis of the Court’s statutory power to appoint a receiver to real property to recover an unsecured judgment debt and the matters which the Court will consider in making such an appointment

Read our article on the case, published to Mondaq:

Federal Court of Australia does not possess an inherent jurisdiction in the same sense as the State Supreme Courts.

04/08/2026

Bonjour from the boardroom! 🥖

On 23 July 2026, nine of our amazing staff swapped their briefs for baguettes, volunteering at the Ronald McDonald House in Westmead to take part in their annual Meals from the Heart Program!

Our MF brigade stepped up in the kitchen, serving up a French-inspired dinner for the 60+ families staying at the Westmead House.

Starting with French onion soup and ending with some yummy eclairs, it was a wonderful evening of giving back to the families doing it tough.

Matthews Folbigg is a proud sponsor of Ronald McDonald House Charities and is passionate about supporting RMHC’s mission to assist families of children receiving care.

A big merci to the amazing staff at Ronald McDonald House Greater Western Sydney for their continued hospitality and heartwarming generosity.

23/07/2026

The orders made in Ogbonna v CTI Logistics Ltd (No 7) [2025] FCA 1125 left a practical question hanging: If a sequestration (bankruptcy) order is set aside, what happens next, and who pays the legal costs that have built up over years of litigation?

Those “next steps” are dealt with in Ogbonna v CTI Logistics Ltd (No 8) [2025] FCA 1525. To learn more about the outcome of this case, read our article below:

By Harold Peng, a Solicitor of Matthews Folbigg, in our Insolvency, Restructuring and Debt Recovery Group. Ogbonna v CTI Logistics Ltd (No 8) [2025] FCA 1525 (3 December 2025) In October 2025, we published a case note on Ogbonna v CTI Logistics Ltd (No 7) [2025] FCA 1125 (“Ogbonna 7”), where the...

09/07/2026

The NSW Government has recently launched its ‘Housing Pattern Book’ and its new ‘Pattern Book Development Code’.

The Housing Pattern Book provides eight selected housing designs for eligible developments, which are subsidised during the six month launch period of the program. There has also been the development of a new Pattern Book Development Code in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, which allows for proposed developments using the Housing Pattern Book to be approved within a reduced timeframe.

This article will discuss these new initiatives in more detail:

What’s new On 16 July 2025, the NSW Government launched the Housing Pattern Book (Pattern Book) and a new Pattern Book Development Code in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP 2008). The initiative provides a ten-day approval pathway for...

25/06/2026

Where an integrated development has been engaged, it is essential to ensure that the correct deemed-refusal period is applied and verified before filing.

This article discusses the practical implications of the decisions in Maule v Liporoni [2002] NSWLEC 25 and Artmade Architectural Pty Ltd v Central Coast Council [2025] NSWLEC 1249 where the “opt-in” approach to integrated developments was considered.

Key points In a recent Land and Environment Court (LEC) decision, the LEC treated a development application (DA) as integrated development even though the applicant did not elect it to be processed as such. For years, practitioners have treated the integrated development scheme in Div 4.8 of Pt 4 of...

11/06/2026

When determining a modification application under the Environmental Planning and Assessment Act 1979 (NSW), it is essential for Council to take into account all relevant controls, including a Development Control Plan (DCP).

This article considers the case of Ross v Randwick City Council [2025] NSWLEC 89, where a modified consent had been issued despite non-compliance with an updated DCP. The Court affirmed that while there is some flexibility in applying DCP provisions, Council must show evidence that they gave weight to the applicable control and give its reasons if they wish to depart from it.

In the recent Land and Environment Court (LEC) decision of Ross v Randwick City Council [2025] NSWLEC 89, Justice Pritchard confirmed that a development control plan (DCP) is a mandatory consideration when determining modification applications under the Environmental Planning and Assessment Act 1979...

28/05/2026

Before issuing a Prevention Notice, it is essential for Council to conduct an independent investigation to gauge ‘reasonable suspicion’.

This article considers the recent decision in Doon v Snowy Valleys Council [2025] NSWLEC 1514, clarifying that complaints alone cannot justify the issuing of a prevention notice, and Council must rely on objective evidence to determine whether the noise constitutes ”offensive noise”.

A recent decision of the Land and Environment Court in Doon v Snowy Valleys Council [2025] NSWLEC 1514, confirms that the ‘reasonable suspicion’ required to issue a Prevention Notice under the Protection of the Environment Operations Act 1993 (POEO Act) is not arbitrary and must be based on obje...

07/05/2026

In the recent decision of Estate of Wilson [2025] NSWSC 1056, the Supreme Court of NSW examined whether its inherent jurisdiction was needed to provide judicial advice to an administrator of a deceased estate when considering family provision claims, or whether the Court could rely upon section 63 of the Trustee Act 1925 (NSW), given the Administrator’s position as a Trustee (as defined under that Act). The case also considers in a summary fashion the approach to applications for advice.

Read our article on this decision:

In the recent decision of Estate of Wilson [2025] NSWSC 1056, the Supreme Court of NSW considered whether it should exercise its inherent jurisdiction to provide judicial advice to an independent administrator, in the context of a family provision claim. This case clarifies the Court’s approach to...